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Supreme Court Amends Rule 404

Supreme Court Amends Rule 404, SCACR

Effective July 1, 2002, Rule 404, SCACR, will be amended. This rule governs the pro hac vice admission of attorneys licensed in other jurisdictions. A copy of the order, amended rule and application form are available.


2002-06-18-04 The Supreme Court of South Carolina

The Supreme Court of South Carolina

In re: Amendments to Rule 404, SCACR.


ORDER


Pursuant to Article V, 4, of the South Carolina Constitution, we amend Rule 404, South Carolina Appellate Court Rules, which addresses admission pro hac vice, to set forth with more specificity which attorneys can appear pro hac vice, to require attorneys seeking admission pro hac vice to file a detailed written application and pay a $100 fee, to state that attorneys appearing pro hac vice are subject to the jurisdiction of the South Carolina courts with respect to South Carolina law governing the conduct of attorneys, to set forth the duties of the South Carolina attorney of record, and to require the South Carolina Supreme Court Office of Bar Admissions to certify that an application and fee has been received and to maintain a record of all admissions pro hac vice. The amendments shall be effective July 1, 2002. Rule 404, as amended, and the application form, is attached.

IT IS SO ORDERED.

s/Jean H. Toal                                    C.J.

s/James E. Moore                             J.

s/John H. Waller, Jr.                           J.

s/E.C. Burnett, III                                 J.

s/Costa M. Pleicones                        J.

Columbia, South Carolina
June 18, 2002


RULE 404
ADMISSION PRO HAC VICE

(a) Admission. Upon written application, an attorney who is not admitted to practice law in South Carolina and who is admitted and authorized to practice law in the highest court of another state or the District of Columbia may appear pro hac vice in any action or proceeding before a court of this state if an attorney admitted to practice law in South Carolina is associated as attorney of record.

(b) Prohibitions on Admission. An attorney may not appear pro hac vice if the attorney is a resident of South Carolina, is regularly employed in South Carolina, or is regularly engaged in the practice of law or in substantial business or professional activities in South Carolina, unless the attorney has filed an application for admission under Rule 402, SCACR.

(c) Application for Admission. An attorney desiring to appear pro hac vice shall file with the court in which the matter is pending, prior to making an appearance, an Application for Admission Pro Hac Vice which contains the following information:

(1) the applicant's residence and office addresses;

(2) the state and federal courts to which the applicant has been admitted to practice and the dates of admission;

(3) whether the applicant is a member in good standing in those courts, and a certificate of good standing of the Bar of the highest court of the state or the District of Columbia where the applicant regularly practices law;

(4) whether the applicant is currently suspended or disbarred in any court, and if so, a description of the circumstances under which the suspension or disbarment occurred;

(5) whether the applicant has been formally notified of any complaints pending before a disciplinary agency in any other jurisdiction and, if so, provide a detailed description of the nature and status of any pending disciplinary complaints;

(6) an identification of all law firms with which the applicant is associated and a description of all the applicant=s pending pro hac vice appearances in South Carolina;

(7) the names of each case in South Carolina in which the applicant has filed an application to appear as counsel pro hac vice, the date of each application, and whether it was granted;

(8) the name, address, and telephone number of the active member(s) of the South Carolina Bar who is (are) the attorney(s) of record; and

(9) an affirmation that the applicant will comply with the applicable statutes, law and procedural rules of the State of South Carolina; be familiar with and comply with the South Carolina Rules of Professional Conduct; and submit to the jurisdiction of the South Carolina courts and the South Carolina disciplinary process.

The court in its discretion may order a hearing on the application and shall enter an order granting or refusing the application. If the application is refused, the court shall state its reasons.

(d) Fee; Record of Appearances. Each time an application under this rule is made, the attorney seeking to appear pro hac vice shall provide a copy of the application to the South Carolina Supreme Court Office of Bar Admissions accompanied by a $100 fee. Upon receipt of the application, the Clerk of the South Carolina Supreme Court shall certify to the court in which a pro hac vice appearance has been requested that the fee has been received. The Office of Bar Admissions shall maintain a record of all pro hac vice applications as a public record.

(e) Conduct of Attorney Appearing Pro Hac Vice. An attorney appearing pro hac vice is subject to the jurisdiction of the South Carolina courts with respect to South Carolina law governing the conduct of attorneys to the same extent as an attorney admitted to practice in the courts of this state. The attorney shall comply with the South Carolina Rules of Professional Conduct and is subject to the disciplinary jurisdiction of the Supreme Court of South Carolina. The court in which an attorney is appearing pro hac vice or the Supreme Court of South Carolina may, for violations of South Carolina law, the South Carolina Rules of Professional Conduct, or orders of the court, withdraw its permission for an attorney to appear pro hac vice.

(f) Responsibilities of Attorney of Record. The South Carolina attorney of record shall at all times be prepared to go forward with the case; sign all papers subsequently filed; and attend all subsequent proceedings in the action, unless the court specifically excuses the South Carolina attorney of record from attendance.